The source of duty rule does not bar plaintiff’s fraud in the inducement claim against defendants arising from business insurance coverage. Plaintiff specifically pleaded that this occurred when plaintiff renewed its insurance coverage. The trial court erred by looking to ...

Tagged with: Contract Order Supreme Court of Virginia

Where a Virginia company brought a breach of contract action in Virginia and the New York-based defendant argued the Virginia court lacked personal jurisdiction, that dismissal was warranted because of a previously filed case in New York and that the ...

Tagged with: Contract Judge Glen E. Conrad U.S. District Court - Western District

Where a former employee and his employer had previously agreed to settle a disability discrimination case but the employee never signed the written settlement agreement and the parties never had a meeting of the minds on the terms of a ...

Tagged with: Contract Judge Rebecca Beach Smith U.S. District Court - Eastern District

Where a complaint plausibly alleged claims for breach of contract and wrongful termination of a contract between two automotive parts companies, and where the plaintiff at this early stage could assert a claim for unjust enrichment in the alternative, the ...

Tagged with: Contract Judge Elizabeth K. Dillon U.S. District Court - Western District

Where the defendant had notice of the lawsuit and was served more than 30 days before it removed the case to federal court, the removal was untimely and the case was remanded to state court. But because the defendant presented ...

Tagged with: Contract Judge Elizabeth K. Dillon U.S. District Court - Western District

Where the parties’ contact contained choice of law and venue clauses that required application of Virginia law and that the suit be brought in Richmond, neither of those conditions prevented the litigation from being removed to federal court in Richmond. ...

Tagged with: Contract Judge M. Hannah Lauck U.S. District Court - Eastern District

Defendants’ waiver in the parties’ contract to plead the statute of limitations was neither valid nor enforceable under Virginia law. Overview New South Federal Savings Bank made a construction loan to Foster and Wilson Building LLC. Foster and Robert Wilson ...

Tagged with: Contract Judge Teresa M. Chafin Supreme Court of Virginia

Where an agreement obligated a bar to indemnify the city of Richmond for claims arising from the employment of city police officers, the indemnity clause was not triggered when plaintiff sued an officer working at the bar as an individual ...

Tagged with: Contract Justice S. Bernard Goodwyn Order Supreme Court of Virginia

Where buyers agreed to an Indiana forum-selection clause when they purchased a new recreational vehicle, and the manufacturer was unable to repair several defects, they were granted a hearing to demonstrate that the clause should not be enforced because it ...

Tagged with: Contract Judge Robert E. Payne U.S. District Court - Eastern District

Where plaintiff sought to delay closing on a real estate purchase after discovering the presence of “hazardous wastes” and “hazardous substances” as defined by the parties’ contract, the trial court’s ruling that plaintiff breached the contract by not closing on ...

Tagged with: Contract Published Order Supreme Court of Virginia